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that would apply for the one set on wednesday. >> understate law the department of crepes said it would use a three-drug procedure in regulations they spent years creating. those regulations have force of law and so judge fogel is saying you can either have your rights unthe constitution protected and understate law protected but not both. it's completely unfair. >> reporter: the same judge, judge jeremy fogel, was the one who halted executions in california in 2006. it claimed procedures for the three drug cocktail aimed at killing the condemned was not clear, and the death chamber was too dimly lit to monitor the procedure. but the judge is now allowing the executions to proceed because of a supreme court ruling in 2008 which upheld lethal injections in the state of kentucky and because ohio and washington state have been using 1-drug executions for the past year with no reported problems. that even as fogel presides over a lawsuit challenging the same procedure. brown has filed an appeal with the ninth circuit court. what they plan to do if all stays of execution fail. craig devro, san q
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